Executor or Personal Representative Lawyers in Colorado
We Streamline Probate For Personal Representatives
For 30+ years, families have turned to the probate team at Jorgensen, Brownell & Pepin, P.C. to help manage estate affairs. Whether you are a personal representative struggling to carry out your fiduciary duty or facing complex legal challenges in estate administration, our probate team can assist.
We will help you create a custom plan that ensures the estate is managed and distributed according to the deceased’s wishes. From handling the initial filing of the will and securing estate assets to navigating family disputes, we are here to support you every step of the way. Contact us today!
Your Duties: Understanding Executorship & Personal Representation
Most people have heard the term "executor" but have questions about what this role entails. The executor is the person—or sometimes multiple people—who manages the estate of a deceased person and distributes property to heirs or beneficiaries.
While Colorado uses the term "personal representative" instead of executor, the duties are identical. If the decedent died with a will, the will generally names who will act as the personal representative of the decedent’s estate.
For many, taking on the personal representative role can feel overwhelming as it involves managing complex estates and distributing assets. This is where the legal team at Jorgensen, Brownell & Pepin, P.C. excels.
Our attorneys will step in, ensuring you:
- Understand your legal obligations
- Accurately & efficiently manage assets throughout the probate process
- Successfully manage financial complexities like debt and tax issues
- Resolve disputes that may arise among beneficiaries
- Distribute assets according to the deceased’s wishes
Let us take the stress of being a personal representative off your shoulders. We will streamline the probate process and ensure you fulfill your duties. Contact us today!
Why Personal Representatives Turn to Our Probate Attorneys
Handling probate requires the perfect blend of knowledge, expertise, and compassion. The team at Jorgensen, Brownell & Pepin, P.C. offers exactly that. Here’s what you can expect when you work with our Colorado probate team:
- Sound Legal Guidance: Our team can help you navigate the complex legal requirements and procedures of being a personal representative. We can advise representatives as to their rights, duties, and obligations under the law.
- Document Preparation: Additionally, we can assist in preparing the necessary legal documents required for estate administration, such as petitions for probate, letters testamentary or of administration, assets inventories, accountings, creditor notices, and other court filings.
- Probate Administration: We also guide Personal Representatives through the probate process, ensuring compliance with all legal requirements and deadlines. This includes managing the inventory and valuation of assets, addressing creditor claims, and distributing assets to beneficiaries.
- Resolving Disputes: In cases where disputes arise among beneficiaries or other interested parties, we can provide representation and advocacy to protect the Personal Representative in their fiduciary capacity.
- Estate Planning: We can help individuals plan for the future by drafting wills, trusts, and other estate planning documents that designate Personal Representatives, Trustees, and other fiduciaries, and provide clear instructions for the administration of their estates.
Looking For Compassionate Guidance? Contact Jorgensen, Brownell & Pepin, P.C.
Whether you are handling disagreements among beneficiaries, struggling to carry out your loved one’s final wishes, or simply want to have a seamless experience while fulfilling your fiduciary duty, we can help. We’ve guided countless personal representatives through the process and look forward to offering you the same level of excellence and support. Contact us today!
Frequently Asked Questions
What happens when no personal representative is named?
It's not uncommon for a deceased individual to have not named a personal representative in their will. In such cases, Colorado law provides a list of individuals who have priority to be appointed as personal representatives. However, there are instances where multiple individuals share equal priority, creating a “tie.”
This often occurs when an unmarried individual dies but is survived by children, all of whom have equal rights to be appointed personal representatives. When the children unanimously agree on who should assume the role, those who choose not to act can resign their right to be appointed. It's important to note that the assumption that the oldest child should be chosen isn't always accurate.
What happens if the deceased person has debt?
In such cases, many family members are concerned that the debt burden will fall on them. Unless a family member co-signed on the debt, the surviving family is not responsible for the deceased person's debt. The decedent’s debt(s) stay their debt(s). However, creditors must navigate certain statutorily-required steps to possibly be considered for and entitled to payment, including the presentation of a claim to the Personal Representative or file the same with the court. Note, a bill received in the mail does not satisfy the claim presentation requirement. Further, potential creditors must act within certain statutorily-prescribed time limits in order to be considered for possible payment.
Creditors may begin calling soon after death. Don’t simply agree to pay them. Creditors must satisfy the statutory criteria entitling them to payment before such should be made. Moreover, paying one creditor before others could be deemed as showing preference and violate your fiduciary duties as personal representative. Furthermore, creditors otherwise entitled to payment are nevertheless very commonly willing to accept substantially less than the face value of the debt in satisfaction of the same. Thus, we always advise waiting until expiration of the applicable creditor claims period, as well as inventorying the assets and expected expenses of the estate, before evaluating any claims for possible payment, disallowance, or negotiation for satisfaction of the debt for less than what was alleged to be owed.
How is the personal representative appointed if they are not named in the will?
If the will does not name a personal representative, or if the named individual is unable to serve, the probate court will appoint a personal representative. Typically, the court follows a priority order, often starting with the closest relatives, to select a suitable candidate who is willing and able to perform the duties.
Can a personal representative decline their role?
Yes. If they choose to do so, they must formally renounce their duties, and the court will appoint someone else, following the legal procedure for selection based on the hierarchy of relatives or other eligible individuals.
Who might be an ideal personal representative?
In Colorado, personal representatives must be at least 21 years old and of sound mind. While some states have restrictions against individuals with felony convictions, Colorado has no such statute in place. Non-residents of Colorado may serve; however, we caution clients against appointing a personal representative who lives out of state and cannot handle day-to-day matters.
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